35612 Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 / Notices

testimony requests than any other agency in

the Department of Labor. Without the

subpoena regulations, OSHA’s available

personnel resources would be significantly

diminished by the testimony of its employees

in private civil suites.

The Office of the Solicitor recognizes,

however, that requests for assistance in

OSHA enforcement litigation arising under

federally-approved state plans present

different circumstances from cases involving

private litigation, due to the partnership

between federal OSHA and the states which

is created under section 18 of the OSH Act.

Like federal OSHA, states with federallyapproved plans are responsible, among other

things, for adopting and enforcing workplace

safety and health standards. Standards and

enforcement procedures under approved

state plans are required to be ‘’at least as

effective as’’ federal standards and

procedures, and in the majority of instances

are nearly identical. OSHA monitors the

operation of each state plan, and when

certain effectiveness criteria are met, state

enforcement replaces that of federal OSHA in

areas covered by the approved plan. States

receive federal OSHA matching grants of up

to 50% of the costs of administering their

approved plans. In addition, OSHA affords

technical support to its sister agencies in the

form of compliance officer training,

laboratory services, and technical assistance

in implementing new or complex standards.

In view of the shared responsibilities of

OSHA and federally-approved state plans

under the Act, requests for participation by

Department of Labor personnel in

enforcement cases arising under a federallyapproved state plan, where federal personnel

have directly participated by either taking

part in an on-site inspection or by furnishing

substantial technical assistance to the state in

the preparation of its case, will generally be

approved by the Deputy Solicitor under the

DOL subpoena regulation. In making such

decisions we will, of course, consider the

extent to which such personnel would be

available to provide evidence in a

comparable enforcement proceeding under

the federal OSH Act. Thus, for example,

federal OSHA compliance and technical

personnel will generally be made available in

contested cases to provide testimony

concerning their observations while

accompanying state inspectors, or to explain

technical issues on which they have

produced input during the development of

the state’s case. Factors such as the relevance

of the requested testimony, the competence

of the intended witness to testify on a

particular issue, and whether any privileges

might apply, may affect the availability of a

federal witness, just as it does in federal

enforcement cases. There may be other

factors which could affect approval in

individual cases. The policy outlined above

does not apply to the availability of witnesses

to provide official statements of agency

policy or render interpretations of standards

during litigation; such interpretations are

normally rendered by the agency only

through rulemaking, letters of interpretation,

in court pleadings or in other official

documents.

In summary, approval will generally be

granted for participation by OSHA staff in

contested enforcement cases under federallyapproved state plans. As discussed above we

will, of course, consider the factors present

in each individual case. This policy is based

upon the unique federal-state enforcement

scheme created by the federal OSH Act, and

does not affect the availability of DOL

personnel to testify in connection with any

other DOL-administered program. Requests

for testimony in connection with non-OSHA

related litigation, or in connection with

OSHA-related cases in which DOL is not a

party and which do not fall within the

category of cases described above, will

continue to be evaluated individually under

the criteria and procedures of 29 CFR 2.20 et

seq.

[FR Doc. 98–17309 Filed 6–29–98; 8:45 am]

BILLING CODE 4510–23–M

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

Proposed Information Collection

Request Submitted for Public

Comment and Recommendations;

Prohibited Transaction Class

Exemption 92–6

ACTION: Notice.

SUMMARY: The Department of Labor, as

part of its continuing effort to reduce

paperwork and respondent burden,

provides the general public and Federal

agencies with an opportunity to

comment on proposed and/or

continuing collections of information in

accordance with the Paperwork

Reduction Act of 1995 (PRA 95) 44

U.S.C. 3506(c)(2)(A). This program

helps to ensure that requested data can

be provided in the desired format,

reporting burden (time and financial

resources) is minimized, collection

instruments are clearly understood, and

the impact of collection requirements on

respondents can be properly assessed.

Currently, the Pension and Welfare

Benefits Administration is soliciting

comments concerning the proposed

extension of a currently approved

collection of information, Prohibited

Transaction Class Exemption 92–6. A

copy of the proposed information

collection request can be obtained by

contacting the employee listed below in

the contact section of this notice.

DATES: Written comments must be

submitted on or before August 31, 1998.

The Department of Labor is

particularly interested in comments

which:

• evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility;

• evaluate the accuracy of the

agency’s estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumptions used;

• enhance the quality, utility, and

clarify the information to be collected;

and

• minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology,

e.g., permitting electronic submissions

of responses.

ADDRESSES: Gerald B. Lindrew,

Department of Labor, Pension and

Welfare Benefits Administration, 200

Constitution Avenue, NW, Washington,

DC 20210, (202) 219–4782 (this is not a

toll-free number), FAX (202) 219–4745.

SUPPLEMENTARY INFORMATION:

I. Background

Prohibited Transaction Class

Exemption 92–6 exempts from the

prohibited transaction restrictions of the

Employee Retirement Income Security

Act the sale of individual life insurance

or annuity contracts by a plan to

participants, relatives of participants,

employers any of whose employees are

covered by the plan, other employee

benefit plans, owner-employees or

shareholder-employees. In the absence

of this exemption, certain aspects of

these transactions might be prohibited

by section 406 of the Employee

Retirement Income Security Act.

II. Current Actions

This existing collection of information

should be continued because without

the relief provided by this exemption,

certain aspects of these transactions

might be prohibited by the Employee

Retirement Income Security Act. The

recordkeeping requirements

incorporated within the class exemption

are intended to protect the interests of

plan participants and beneficiaries. The

exemption requires the pension plan to

inform the insured participant of a

proposed sale of a life insurance or

annuity policy to the employer, a

relative, another plan, an owneremployee, or a shareholder-employee. If

the participant elects not to purchase

the contract, the relative, the employer,

another plan, the owner-employee or

the shareholder-employee may purchase

the contract from the plan upon receipt

by the plan of written consent of the

participant. The disclosure
Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 / Notices 35613

requirements of the exemption do not

apply if the contract is sold to the plan

participants. The disclosure

requirements incorporated within the

exemption are intended to protect the

rights of plan participants by (1) putting

them on notice of the plan’s intention to

sell insurance or annuity contracts

under which they are insured and (2)

giving them the right of first refusal to

purchase such contracts.

Type of Review: Extension.

Agency: Pension and Welfare Benefits

Administration.

Title: Prohibited Transaction Class

Exemption 92–6.

OMB Number: 1210–0063.

Recordkeeping: 6 years.

Affected Public: Business or other forprofit, Not-for-profit institutions,

Individuals.

Total Respondents: 7,960.

Frequency: On occasion.

Total Responses: 7,960.

Average Time Per Response: 10

minutes.

Estimated Total Burden Hours: 1,327.

Comments submitted in response to

this notice will be summarized and/or

included in the request for Office of

Management and Budget approval of the

information collection request; they will

also become a matter public record.

Dated: June 25, 1998.

Gerald B. Lindrew,

Deputy Director, Office of Policy and

Research, Pension and Welfare Benefits

Administration.

[FR Doc. 98–17344 Filed 6–29–98; 8:45 am]

BILLING CODE 4510–29–M

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

Proposed Information Collection

Request Submitted for Public

Comment and Recommendations;

Prohibited Transaction Class

Exemption 82–63

ACTION: Notice.

SUMMARY: The Department of Labor, as

part of its continuing effort to reduce

paperwork and respondent burden,

provides the general public and Federal

agencies with an opportunity to

comment on proposed and/or

continuing collections of information in

accordance with the Paperwork

Reduction Act of 1995 (PRA 95) 44

U.S.C. 3506(c)(2)(A). This program

helps to ensure that requested data can

be provided in the desired format,

reporting burden (time and financial

resources) is minimized, collection

instruments are clearly understood, and

the impact of collection requirements on

respondents can be properly assessed.

Currently, the Pension and Welfare

Benefits Administration is soliciting

comments concerning the proposed

extension of a currently approved

collection of information, Prohibited

Transaction Class Exemption 82–63. A

copy of the proposed information

collection request can be obtained by

contacting the employee listed below in

the contact section of this notice.

DATES: Written comments must be

submitted on or before August 31, 1998.

The Department of Labor is

particularly interested in comments

which:

• evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility;

• evaluate the accuracy of the

agency’s estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumptions used;

• enhance the quality, utility, and

clarify the information to be collected;

and

• minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology,

e.g., permitting electronic submissions

of responses.

ADDRESSES: Gerald B. Lindrew,

Department of Labor, Pension and

Welfare Benefits Administration, 200

Constitution Avenue, NW, Washington,

D.C. 20210, (202) 219–4782 (this is not

a toll-free number), FAX (202) 219–

4745.

SUPPLEMENTARY INFORMATION:

1. Background

Prohibited Transaction Class

Exemption 82–63 allows the payment of

compensation under certain conditions

for the provision by an employee benefit

plan fiduciary of securities lending

services to the plan. In the absence of

this exemption, certain aspects of these

transactions might be prohibited by

section 406 of the Employee Retirement

Income Security Act.

II. Current Actions

This existing collection of information

should be continued because without

the relief provided by this exemption,

certain compensation arrangements for

the provision of securities lending

services by a plan fiduciary to an

employee benefit plan would be subject

to the prohibitions of section 406 of the

Employee Retirement Income Security

Act. The recordkeeping requirements

incorporated within the class exemption

are intended to protect the interests of

plan participants and beneficiaries. The

class exemption has two basic

information collection requirements.

The first requirement is that the

compensation be paid in accordance

with a written instrument authorized by

a non-lending fiduciary, and the second

is that the lending fiduciary furnish the

authorizing fiduciary with certain

information.

Type of Review: Extension.

Agency: Pension and Welfare Benefits

Administration.

Title: Prohibited Transaction Class

Exemption 82–63.

OMB Number: 1210–0062.

Recordkeeping: 6 years.

Affected Public: Business of other forprofit, Not-for-profit institutions,

lndividuals.

Total Respondents: 18,245.

Frequency: On occasion.

Total Responses: 36,490.

Average Time Per Response: 5

minutes.

Estimated Total Burden Hours: 3,041.

Comments submitted in response to

this notice will be summarized and/or

included in the request for Office of

Management and Budget approval of the

information collection request; they will

also become a matter of public record.

Dated: June 25, 1998.

Gerald B. Lindrew,

Deputy Director, Office of Policy and

Research, Pension and Welfare Benefits

Administration.

[FR Doc. 98–17345 Filed 6–29–98; 8:45 am]

BILLING CODE 4510–29–M

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

Proposed Extension of Information

Collection Request Submitted for

Public Comment and

Recommendations; Prohibited

Transaction Exemption 96–62

ACTION: Notice.

SUMMARY: The Department of Labor, as

part of its continuing effort to reduce

paperwork and respondent burden,

provides the general public and Federal

agencies with an opportunity to

comment on proposed and/or

continuing collections of information in

accordance with the Paperwork